This bill expands the definition of the term “physical injury” in the child abuse and neglect laws to include “pain.” Currently the law permits a parent to use force to punish a child for misconduct, but it prohibits any act that is likely to cause or does cause physical injury. By redefining “physical injury” to include the infliction of pain on a child, spanking would become a crime in Delaware punishable by imprisonment.

Under the proposed law, a parent causing “physical injury” (e.g., pain) to a child under age 18 would be guilty of a class A misdemeanor and subject to one year in prison. A parent causing pain to a child who is 3 years of age or younger would be guilty of a class G felony and subject to two years in prison.